LABOUR LAW & CONSITITUTION OF INDIA

The Constitution of India is the touchstone for any Act passed in our country. The Constitution of
India is the largest written constitution of the world. Each and every act which was in force before
the enactment of our constitution were either amended or nullified after its enforcement.  Our
constitution plays an important part in the changes and growth in labour laws in India. The
Fundamental Rights and Directive Principles of State Policy enshrined in Part III and Part IV
mentions working class related benchmark laws.

Labour Laws in Fundamental Rights:

Part III of the Constitution of India is the benchmark for labor laws in India. Also, Part III (Article
12 to 35) of the Constitution covers the fundamental rights of its citizens which includes Equality
before the law, Religion, Sex, caste, place of birth, the abolition of untouchability, freedom of
speech and expression and prohibition of employment of children in factories.

ARTICLE 14:

Equality before the law which is interpreted in labor laws as “Equal pay for Equal work”. It does not
mean that article 14 is absolute. There are a few exceptions in it regarding labor laws such as
physical ability, unskilled and skilled labors shall receive payment according to their merit.

In the case of Randhir Singh vs Union of India, the Supreme Court said that “Even though the
principle of ‘Equal pay for Equal work’ is not defined in the Constitution of India, it is a goal which
is to be achieved through Article 14,16 and 39 (c) of the Constitution of India.

ARTICLE 19 (1) (C) 

Constitution guarantees citizens to form a union or association. The Trade Union Act, 1926 works
through this Article of the Constitution. It allows workers to form trade unions.

Trade Unions provide the power to raise voice against atrocities done to the workers. Unionization
brings power to the laborers. Trade Unions discuss various labor-related problems with the
employers, they conduct strikes, etc.

ARTICLE 21A: (Right to Education):

The State shall provide free and compulsory education to all children of the age of 6 to 14 years
in such manner as the State, by law, may determine.
ARTICLE 23 

Constitution prohibits forced labor. When the Britishers ruled over India, forced labor was prevalent
all over India. They were made to work against their will and weren’t paid according to their work.
The Government at that time was infamous for forced labor and the landlords were also involved in
forced labor.

In current times, forced or bonded labor is an offense which is punishable under the law. The
Bonded Labor (Abolition) Act, 1976 prohibits all kinds of bonded labor and is declared illegal.

ARTICLE 24: (Prohibition of Employment of Children’s in Factories)

No child below the age fourteen years shall be employed in work in any factory or mine or
engaged in any other hazardous employment.

Constitution prohibits all forms of child labor. Nobody can employ a child under the age of
14 to work. Child labor was a massive problem of our country in the earlier times and it still is
happening but at a lower scale. The penalization of article 24 is severe.

RELEVANCY OF PART IV (Article 36 – 51) ON LABOUR LAWS:

Part IV of the Constitution of India, which is also known as the “Directive Principles of State
Policy” aims to work toward the welfare of its citizens. DPSP cannot be enforced in the court of
law, but it provides a guideline to the legislature for making labor laws in India.

ARTICLE 39 (a): 

“The State shall, in particular, direct its policy towards securing; that the citizens, men and women
equally, have the right to an adequate means of livelihood. It means that every citizen of the country
has the right to earn a livelihood without getting discriminated on the basis of their sex.

ARTICLE 39 (d): 

Constitution says that “The State shall, in particular, direct its policy towards securing; that there is
equal pay for equal work for both men and women. Wages will not be determined on the basis of
sex rather it will be according to the amount of work done by the worker.
ARTICLE 41: 

Constitution provides “Right to Work” which means that every citizen of the country has the right
to work and the state with the best of its abilities will secure the right to work and education.

ARTICLE 42: 

Provides for the upliftment of the working conditions for workers. It talks about creating a suitable
and humane workplace. This article also talks about maternity relief, i.e leave provided to women
when they are pregnant.

ARTICLE 43: 

Talks about the “living wage” for its citizens. Living wage not only includes the “bare necessities of
life” but also the social and cultural upliftment of the person. It also includes education and
insurances for a person.

The State shall constantly try to create opportunities in the fields of Agriculture and Industries with
special reference to cottage industries.

CONCLUSION:

Constitution of India is the base for all laws in our country. The labor laws are also made according
to the constitution and any violation of constitutional laws result in the abolition of that particular
law. The Directive Principles of the State policy play a major role in the making of new labor laws
in India.

INDIAN CONSTITUTION AND LABOUR LEGISLATIONS:

Introduction:

To be called civilized, a society has to concede to its working class the right to live with dignity
and security as human beings. This thinking fords expression in the Universal Declaration of
Human Rights, the preambles of League of Nations and United Nations, Organization. The
aspiration of the working class finds expressions, at national level, in the Constitution of the
nation. After India became independent, it adopted a Constitution on the 26 Apr 1949. Indian
Constitution is a unique basic national document. Besides providing basic principles for
governance, it presents the aspirations of the Weaker Section of Society, specially the working
classes. It is also a strange phenomenon of history that national freedom struggle and struggle of
working class emancipation coincided and our leaders fought for both- the betterment of
worker's lots and India's freedom. During this period, they made some promises and pledges to
the working classes, which were to be redeemed after independence. The redemption of all those
promises and pledges get expression in our Constitution. Constitution is the supreme law of a
nation and all legislations draw their inspiration from it. Constitution is a document of social
revolution casting an obligation on every instrumentality including the judiciary to transform the
status quo ante into a new human order in which justice, social, economic and political will
inform all institutions of national life and there should be equality of status and opportunity to
all. The trinity of Indian Constitution, the Preamble, the Fundamental Rights and the Directive
Principles of State Policy, embody the fundamental principles, which provide guide to all
legislations, including the labour legislations. This constitutional trinity assures its citizens to
provide "Socialistic Pattern of Society" and create "Welfare State" and all legislations, specially
the Labour legislations, are deeply influenced by them.

PREAMBLE OF INDIAN CONSTITUTION AND LABOUR LEGISLATIONS:

The importance and utility of the Preamble has been pointed out in several decisions of our
Supreme Court. Though, by itself, it is not enforceable by the court of law, the preamble states
the objectives which the Constitution seeks to establish and promote.

The Preamble to our Constitution serves two purposes.

(1). It indicates the source from which it derives its authority

(2). It starts the objectives which it seeks to establish and promote.

The preamble states to secure to all its citizens:

Justice, Social, Economic and Political

Liberty of thought, expression, belief, faith and worship

Equality of status and of opportunity

Fraternity, assuring the dignity of the individual and unity and integrity of nation.

These principles enshrined in Preamble of our constitution provide the bedrock for framing all
labour and social legislation and their progressive and creative interpretation in favour of
working classes. These principles run through our labour legislations like invisible golden
threads and provide them strength and stamina to meet the aspirations of working classes;
whether it is protective legislations, social security legislations, welfare legislations or even
industrial relations legislations, they all heavily lean towards working classes due to the
philosophy provided in the preamble.

FUNDAMENTAL RIGHTS AND LABOUR LEGISLATINS:

Part III (Article 14 to 35) deal with Fundamental Rights. They can be grouped together under as
(1). The Right to Equality (Article 14 to 18)

(2). The Right to Freedom (Article 19 to 22)

(3). The Right against Exploitation (Article 23 to 24)

(4). The Right to Freedom of Religion (Article 25 to 30)

(5). Cultural and Educational Rights (Articles 29-30)

(6). The Right to Constitutional Remedies (Articles 32 to 35)

Since the Fundamental Rights have been guaranteed to protect the public from repressive
state actions, judicial decisions tend to expand the scope of word 'State' as defined by Article 12
of the Constitution. A liberal interpretation is made of the words "other authorities" so as to
include any instrumentality or agency of the Government whether an individual or a corporation
like Life Insurance Corporation (Som Prakash Rakhi vs. Union of India-SC 1981) or society like
the Indian Statistical Institute registered under the Societies Registration Act, 1960,or a company
like Steel Authority of India. All have to fulfil the tests laid down by the court in their dealings
with their employees (Ajay Hasia vs.Kahlid Mujid-SC 1981).

Fundamental Rights are subject to reasonable restrictions. Therefore, Article 14, dealing with the
right to equality and equal protection of law is subject to reasonable classification as absolute
equality is impossibility. In Charanjit Lal Choudhary vs. Union of India-SC 1951, it is observed
"The guarantee... forbids class Iegislation but does not forbid classification which rests upon
reasonable grounds of distinction". Classification can be on the basis of age, sex (provisions
under Factories Act,1948, Sections 26,27 etc. for children and women), nature of trade
profession or occupation framing rules for recruitment or promotions of public servants to secure
efficiency (Gangaram vs. Union of India-SC. 1970), fixing of different minimum wages for
different industries (Chandra Boarding vs. State of Mysore-SC. 1970). To be valid, the
classification must be operational and not arbitrary. In the case, Bharatiya Dak Tar Mazdoor
Munch vs. Union .of India, SC 1987, it was held that Classification of employees of P&T deptt.
into regular employees and casual employees for the purpose of paying the latter less than
minimum payable to regular employees is not tenable and violative of Article 14 and 16 of
Constitution. It also amounts to exploitation of labour and is opposed to clause (2) of Article 38
which provides that the State in particular strive, to"minimise inequality in income".

Article 16 (1) and (2) of the Constitution guarantees equality of opportunity to all the
citizens in matter of appointment to any office or any other employment under the State. Clauses
(3), (4) &(5) lay down, by way exceptions, reasonable classification and provisions for
backwards and for religious institutions. Article 19 in its various sub clauses provides, inter alia,
freedom of association; freedom to carry on trade or business and freedom of speech, which are
relevant to labour legislation.

Article 21 proclaims that "no person shall be deprived of his life or personal liberty
except according to procedures established by law". With passage of time, and compelling social
needs, however, the courts have given a very liberal and wide interpretation of the terms "life" or
"Personal Liberty". In Bandhua Mukti Morcha vs. union of India-SC 1984, it was held that
Article 21 assures a citizen the right to live with human dignity free from exploitation. The Govt.
is bound to ensure observance of social welfare and labour laws enacted to secure for workmen a
life compatible with human dignity. Again in Ogla Tellis12-Dec-06 vs. Bombay Municipal
Corporations - S.C. 1985, this was affirmed.

Article 23 and 24 guarantee the right against exploitation. Clause(1) of Article 23,
prohibits traffic in human beings; and any form of forced labour and makes them punishable
offence. In People's Union for Democratic Rights vs. Union of India Sc. 1983, it was held that
labour or services for a remuneration less than a minimum wages amounts to "forced labour". In
this case, a letter written to Justice Bhagwati regarding the working conditions of construction
workers engaged in building structures connected with Asian Games was entertained as Writ
Petition, setting aside the technicalities of locus - standi and other procedures. The court held that
when judicial redressal is sought for legal injury suffered by a person or persons who by reason
of poverty, disability or socially or economically disadvantaged position are unable to approach
the court and the attention of the court is drawn to such legal injury by a member of public, even
by a letter, the same will be entertained by the court as a writ petition to bring justice within the
reach of the poor masses.

In Bandhua Mukti Morcha vs. Union of India (SC 1984) S.C. held that Government was
bound to ensure observance of social welfare and labour laws enacted to secure to workmen a
life of basic human dignity. So also, Neerja Choudhary vs. State of MP SC - 1984, held that
wherever it is found that any workman is forced to provide labour for no remuneration or
nominal remuneration, the presumption would be that he is a bonded labour, unless the employer
or the state government proves otherwise. Similarly, the Court said that the plainest requirement
of Article 21 and 23 is that bonded labour not only be identified and redressed but also suitably
rehabilitated.

Article 24 of the Constituion prohibits the employment of children below the age of 14
years in factories, mines or any other hazardous work. The idea is to protect the health and well
being of children. However, the article does not prohibit the employment of children in easy and
less strenuous work.

Articles 32 to 35 guarantee the right to constitutional remedies, as right without a remedy

is a meaningless formality. It is the remedy which makes the right real. In view of this, the S.C.
has evolved the innovative strategy by encouraging Public Interest Litigation aimed at providing
easy access to justice to the poor and weaker sections of Indian Society (generally labourers) and
giving a powerful tool to public sprited individuals and social action groups to combat
exploitation and injustice. In the cases like People's Union for Democratic Rights, Bandhua
Mukti Morcha etc., the S.C. departed from traditional principles of locus standi to entertain even
the letter by a member of public as writ petition to give relief to poor and illiterate workmen.

DIRECTIVE PRINCIPLES AND STATE POLICY AND LABOUR LEGISLATIONS:

Articles 36 to 51 form Part IV of the Constitution and they deal with the goal of
economic democracy the socio-political content of political freedom and the concept of Welfare
State. Though earlier decisions of the Supreme Court paid scant attention to the Directives on the
ground that they are not enforceable in law courts, Iater decisions, specially from Keshavanand
Bharati case, onwards, the following propositions have come before the courts for consideration.

(1). There is no disharmony between Directive Principles and Fundamental Rights. They
supplement each other.
(2). Even Fundamental Rights can not be ensured unless Directive Principles are implemented.
(3). Parliament is competent to amend or abrogate any Fundamental Right to enable state to
implement Directives.
In Minerva Mills vs. Union of India, it was held that Directive Principles and
Fundamental Rights should be harmonised without considering Directives as inferior and
subservient to Fundamental Rights. Similarly a law which is inconsistent with Directives should
be regarded as unreasonable while any action taken to give effect to any of the Directives should
be regarded .as reasonable (Kasturi vs. State of J . & K. - S.C. 1992).

Against this back drop, some of the Directives which are the backbone of labour jurisprudence,
may be examined.

Article 38 - (a) directs the state to promote welfare of the people by securing and
protecting a social order in which justice social, economic and political, shall inform all the
institutions of national life.

(b) directs that State shall, in particular, strive to minimize inequality in income and endeavour to
eliminate inequality in status, facilities and opportunities amongst individuals as well as groups
of people in different areas and vocations.
Articles 39 - declares that the state shall, in particular, direct its policy towards securing
(a) that citizens, men and women equally, have the right to an adequate means of livelihood.
(b) that the ownership and the control of the material resources of the community are so
distributed as to best subserve the common good.
(c) that the operation of the economic system does not result in concentration of wealth and
means of production to the common detriment.
(d) that there is equal pay for equal work for both men and women.
(e) the health and strength of the workers, men and women and the tender age of the children
not abused and that the citizens are not forced by economic necessity to enter the
avocations unsuited to their health and strength.
(f) the children are given opportunities and facilities to develop in a healthy manner and in
condition of freedom and dignity and are protected against exploitation against moral and
material abandonment.

Article 41 - directs that the State shall within the limit of its economic capacity and
development make effective provision for securing right to work, to education, and to public
assistance in case of unemployment old age, sickness and disablement and in other cases of
undeserved want.

Article 42 - directs the state to make provision for securing just and humane conditions of
work and for maternity relief.

Article 43 - directs that the state shall endeavour to secure, by suitable legislation or
economic organisation or in any other way to all workers, agricultural, industrial or other
living wage, conditions of work ensuring a decent, standard of life and full enjoyment of
leisure and social and cultural opportunities and, in particular, the state shall endeavour to
promote cottage industries on an individual or cooperative basis in rural areas.

Certainly these Articles envisage labour legislation as reasonable restrictions upon certain
fundamental rights, ,specially freedom of business. Thus an employer must pay minimum
bonus even during a year of loss. - (Jalan Trading vs. Aney SC 1979).

Article 43A - inserted in Constitution (42nd Amendment) directs that the state shall take
steps, by suitable legislations, or in any other way, to secure the participation of workers in
management of undertakings, establishments or other organisations engaged in any industry.

This would mean that workers would no longer be hired labourers, but partners,
(Hindustan Tin Works vs. Employers - SC 1979, Gujarat Steel Tubes vs. Mazdoor
Introduction to Labour Legislation Sabha - SC 1980) interested in the success of the
enterprise and would have share in the profits. 40 All these are fine. But while inserting
Article 5IA - Fundamental Duties, no mention was made of their duty nor even moral
obligation to refrain from slowing down, striking etc. without observing legal formalities.
JUDICIAL WISDOM OF THE COURTS AND LABOUR LEGISLATIONS:

It is interesting to note the judicial wisdom displayed by Indian Courts in making a

harmonious construction of Fundamental Rights and Directive Principles is simply unique.
This has helped the courts to uphold legislation aimed at social justice on the ground that
such legislation was in line with Directive Principles which are reasonable restrictions on
certain fundamental rights. Thus such legislation would be in public interest. In this matter of
relative importance of the Fundamental Rights and Directive Principles there has been one
important controversy between legislature and judiciary. This was in regard to property as
fundamental right which appeared to clash with social justice as prescribed in Directive
Principles. The controversy finally got resolved in the Constitutional amendment-(44th)
which deleted ownership of property from Fundamental Rights and made it a legal right.

A number of leading cases covering various aspects of labour laws ranging from the
validity of minimum wages to public interest Iitigation, clearly show that the courts always
considered the economic uplift of workers as something vital for the progress of the country.
The Courts have been firm in ensuring that there is no violation of labour laws enacted for
the benefits of the working classes. While deciding cases involving industrial disputes, the
courts have always had in mind the Constitutional directives and have treated them as
reasonable restrictions on Fundamental Rights. In fact, the concept of reasonable restrictions
runs like a golden thread through the entire fabric of Constitution and amply reflected in
labour legislations. Labour jurisprudence related to adjudication proceedings has been put on
firm footing in the last five decades. Since the welfare of the workers is the primary concern
of especially Part IV of the Constitution, industrial adjudication has always kept the needs of
social justice in mind. Every department of labour jurisprudence has thus been inspired and
guided by the provisions of the Constitution of India, especially those contained in Part IV.

The right to just and humane conditions of work also contain provisions for medical care
and the safety of the workers together with other essential physical well-being, even leisure.
In many pronouncements, (Manohar Lal vs. State of Punjab - SC 1961 and many others) the
courts recognise the right to appropriate leisure time through well regulated and limited hours
of work, rest intervals during working hours, weekly holidays, earned leave and other leaves
with wages.

To ensure and to regulate all these rights, proper labour legislations are required. It
should be noted that the norms and the standards prescribed in the various enactments are the
minimum. It is open to the employers and the workers to negotiate or the industrial courts to
adjudicate improvements, wherever required.

Whether it is bonded labour, child labour, sweated labour, contract labour or sexual
harassment of female employers, courts have intervened going out of way and directed the
executive and legislature to make suitablearrangements for their safety, security and welfare.
In Air India Case SC 1997, Courts have gone beyond legislation and recommended the
 absorption of contract labour with the permanent establishment. In Vishakha vs. State of
Rajasthan SC 1997 has recommended steps for prevention of sexual harassment to working
women and directed establishments to follow certain ground rules.

In Indian conditions, unless the right to job-security is given to the workers, the right to
just and humane conditions of work would prove futile, as an unscrupulous employer may
force workers to abandon certain of their rights for fear of losing their jobs. Indian laws make
it impossible for an employer to terminate the service of a workman whenever he so 41
Indian Constitution and Labour Legislations pleases. An employer can no longer wrongfully
dismiss a workman and pay only monetary compensation without the liability of
reinstatement. To-day, judicial proceedings can compel the employer to reinstate a workman,
even if an employer does not wish to do that. Through various judgments, (for example
Bharat Bank Ltd. Delhi vs, their employees - SC - 1950) the court made the significant
statement that the industrial tribunal "has not merely to interpret or give effect to the
contractual rights and obligations by the parties" but can create new rights and obligations
between them that are necessary for maintaining industrial peace.

CONCLUSION:

It is noteworthy that to safeguard their basic rights workers' all over the world had to
struggle continuously and thus bring about a new turn to judicial thinking. Today, the rights
of labour are set forth in the positive laws of almost every nation, yet much is still to be done
so that in practice, all workers can enjoy the fruits of their labour and live a decent and
dignified life in civilized Society. As we have seen, the Constitution of India has gone out of
way to protect rights and privileges of workers, ensuring a decent and dignified life. But a lot
is required to be done for the workers of unorganized sector - bonded labour, child labour,
female labour, labourers of sweated industry and agricultural labour. The Constitution has the
inherent potency, but its instrumentalities have not come-up to the expectation and have
failed the Constitution. Therefore, even after five decades of independence, labourers in these
areas are exploited, despite best intentions of the Constitution. Much is required to be done.

It is interesting to note the judicial wisdom displayed by Indian Courts in making a harmonious
construction of Fundamental Rights and Directive Principles is simply unique. This has helped
the courts to uphold legislation aimed at social justice on the ground that such a legislation was
in line with Directive Principles which are reasonable restrictions on certain fundamental rights.
Thus such legislation would be in public interest. In this matter of relative importance of the
Fundamental Rights and Directive Principles there has been one important controversy between
legislature and judiciary. This was in regard to property as fundamental right which appeared to
clash with social justice as prescribed in Directive Principles. The controversy finally got
resolved in the Constitutional amendment-(44th) which deleted ownership of property from
Fundamental Rights and made it a legal right. A number of leading cases covering various
aspects of labour laws ranging from the validity of minimum wages to public interest Iitigation,
clearly show that the courts always considered the economic uplift of workers as something vital
for the progress of the country. The Courts have been firm in ensuring that there is no violation
of labour laws enacted for the benefits of the working classes. While deciding cases involving
industrial disputes, the courts have always had in mind the Constitutional directives and have
treated them as reasonable restrictions on Fundamental Rights. In fact, the concept of reasonable
restrictions runs like a golden thread through the entire fabric of Constituion and amply reflected
in labour legislations. Labour jurisprudence related to adjudication proceedings has been put on
firm footing in the last five decades. Since the welfare of the workers is the primary concern of
especially Part IV of the Constitution, industrial adjudication has always kept the needs of social
justice in mind. Every department of labour jurisprudence . has thus been inspired and guided by
the provisions of the Constitution of India, especially those contained in Part IV. The right to just
and humane conditions of work also contain provisions for medical care and the safety of the
workers together with other essential physical well-being, even leisure. In many
pronouncements, (Manohar Lal vs. State of Punjab - SC 1961 and many others) the courts
recognise the right to appropriate leisure time through well regulated and limited hours of work,
rest intervals during working hours, weekly holidays, earned leave and other leaves with wages.
To ensure and to regulate all these rights, proper labour legislations are required. It should be
noted that the norms and the standards prescribed in the various enactments are the minimum. It
is open to the employers and the workers to negotiate or the industrial courts to adjudicate
improvements, wherever required. Whether it is bonded labour, child labour, sweated labour,
contract labour or sexual harassment of female employers, courts have intervened going out of
way and directed the executive and legislature to make suitablearrangements for their safety,
security and welfare. In Air India Case SC 1997, Courts have gone beyond legislation and
recommended the absorption of contract labour with the permanent establishment. In Vishakha
vs. State of Rajasthan SC 1997 has recommended steps for prevention of sexual harassment to
working women and directed establishments to follow certain ground rules. In Indian conditons,
unless the right to job-security is given to the workers, the right to just and humane conditions of
work would prove futile, as an unscrupulous employer may force workers to abandon certain of
their rights for fear of losing their jobs. Indian laws make it impossible for an employer to
terminate the service of a workman whenever he so 41 Indian Constitution and Labour
Legislations pleases. An employer can no longer wrongfully dismiss a workman and pay only
monetary compensation without the liability of reinstatement. To-day, judicial proceedings can
compel the employer to reinstate a workman, even if an employer does not wish to do that.
Through various judgements, (for example Bharat Bank Ltd. Delhi vs, their employees - SC -
1950) the court made the significant statement that the industrial tribunal "has not merely to
interpret or give effect to the contractual rights and obligations by the parties" but can create new
rights and obligations between them that are necessary for maintaining industrial peace. 5.6

CONCLUSION:
It is noteworthy that to safeguard their basic rights workers' all over the world had to struggle
continuously and thus bring about a new turn to judicial thinking. Today, the rights of labour are
set forth in the positive laws of almost every nation, yet much is still to be done so that in
practice, all workers can enjoy the fruits of their labour and live a decent and dignified life in
civilised Society. As we have seen, the Constitution of India has gone out of way to protect
rights and privileges of workers, ensuring a decent and dignified life. But a lot is required to be
done for the workers of unorganised sector - bonded labour, child labour, female
labour,labourers of sweated industry and agricultural labour. The Constitution has the inherent
potency, but its instrumentalities have not come-up to the expectation and have failed the
Constitution. Therefore, even after five decades of independence, labourers in these areas are
exploited, despite best intentions of the Constitution. Much is required to be done.